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Request that the Board waive the $2,500 campaign finance late fee assessed against Jennifer Treadway, a candidate for State Treasurer, in the October 24, 2015 Election, whose 90-P campaign finance disclosure report was filed 62 days late. |
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In connection with his request that the Board waive and/or rescind the late fee assessed for the late filing of the 90-P report Jennifer Treadway disputes the Level of candidacy. She did not qualify for State Treasurer until September 8, 2015 nor did she receive contributions or make expenditures. From June 10, 2015 to July 16, 2015, 90-P reporting period all contributions and expenditures were for the House of Representatives of District 66 and as such, a 90-day report was not required of her, a candidate of district office pursuant of LSA R.S. 18:1495.4(B)(2).
Shelby C. Andrews, campaign treasurer, contacted the BOE and inquired about the 90-P report, at that time she was advised by Ethics personnel to file 90-P report with the 30-P report that was due until September 24, 2015. She followed the Board of Ethics advice and filed it with the 30-P report.
In this case while the Act requires a Candidate for a Major Office to file a 90-P report for the period of candidacy through July 14, 2015, (100 days prior to election), Jennifer Treadway was not a Candidate for a Major Office on July 24 2015 the date the 90-P report was due nor for the reporting period required of the 90P report Thus in accordance with the letter and spirit of the Act, no 90-P report was due from this Candidate and thus no penalty is due.
In the alternative the assessment should be waived because the 90 day report( 90-P) due
pursuant to LSARS 11B244985 could not have been due until at the earliest September
13, 2015, 10 days following when I became a Candidate for State Treasurer and the Campaign Committee Treasurer in good faith called the Board of Ethics for an opinion as to whether and when to file the 90 day report Mrs Carnahan Andrews CPA followed the Board of Ethics instructions to file the 90-P with the 30 day report 30-P on September 24, 2015.
Thus any error in getting the 90-P filed prior to September 24, 2015, rather than shortly after September 3, 2015, when I became a Candidate for a Major Office as those terms are defined by the Act was due to following in good faith the Board of Ethics instructions and was not done to impede or deceive the voters of Louisiana. Thus the spirit of the Act was not impaired.
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ELECTION: October 24, 2015
TYPE OF REPORT: 90-P
DAYS LATE: 62
ASSESSED FEE: $2500
REPORT DUE: July 24, 2015
REPORT FILED: September 24, 2015
ACTIVITY REPORTED: $761.44 Receipts; $491.44 Disbursements; $0 Funds on Hand
OTHER LATE FILINGS: None
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18:1505.4.A(1) Any candidate, the treasurer or chairman of a political committee, or any other person required to file any reports under this Chapter, who knowingly fails to file or who knowingly fails to timely file any such reports as are required by this Chapter may be assessed a civil penalty for each day until such report is filed. 18:1484.(2)(b). Each candidate for any other public office shall file reports of contributions in excess of two hundred dollars in the aggregate during the aggregating period.
Rule 1205D provides that a late fee shall be rescinded if the candidate withdrew with the Secretary of State from the election and received no contributions or loans and/or made any expenditures, excluding his qualifying fee.
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| Assigned Attorney: |
Jennifer Land |
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